SUMMARY OF THE MANAGEMENT PLAN AND THE PROGRAMME OF MEASURES FOR THE "RHINE" BASIN FRENCH PART

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2 SUMMARY OF THE MANAGEMENT PLAN AND THE PROGRAMME OF MEASURES FOR THE "RHINE" BASIN FRENCH PART April 2008 Version 1

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4 CONTENTS 1. Introduction Connection between the four planning tools arising from the WFD Structure of the SDAGE (Management Plan) and correspondence with Annex VII to the WFD Structure of the Programme of Measures and correspondence with Annex VI to the WFD Title of the measures How do the SDAGE and the Programme of Measures deal with the important questions arising from the Status Report? Concise presentation of the principal causes of deterioration to water bodies and environmental objectives Groundwater bodies Summary of the current status of groundwater bodies and the principal causes of deterioration Summary of the status objectives assigned to groundwater bodies Summary of the objectives on upward trend reversal Surface water bodies Summary of the current status of surface water bodies and the principal causes of deterioration Summary of the status objectives assigned to surface water bodies Summary of the objectives on reduction of substances Concise presentation of the cost of the measures Measures National measures Local measures Local administrative instrument type measures within the meaning of Annex VI to the WFD The fundamental guidelines and provisions of the SDAGE Deadlines for implementation of the SDAGE Definition of key actions Key actions under the heading hydromorphology Key actions under the heading sanitation Key actions under the heading industry and small 40 businesses Key actions under the heading agriculture Summary files on key actions 48 3

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6 1. Introduction 1.1. Connection between the four planning tools arising from the WFD Implementation of the WFD rests on four planning documents: - The Status Report, drawn up in 2005, which has the role of defining the important questions relating to water management and making a diagnosis of the factors which influence the status of aquatic environments. - The Management Plan (included in the SDAGE for the French part of basins regarding France), which defines, in particular, the environmental objectives arising from the WFD, and therefore sets the level of ambition for the quality of aquatic environments to be achieved and the corresponding deadlines. - The Programme of Measures, which defines the concrete national or local actions, whether statutory or not, to achieve this level of ambition. - The Monitoring Programme, which will be used, among other things, to check that the environmental objectives are actually achieved. The environmental objectives of the WFD are: - The objectives relating to water bodies: non-deterioration, attainment of good status in 2015; - The objectives relating to toxic substances: reduce or eradicate the substances referred to in the WFD (41 substances or families of substances) 20 years subsequent to adoption of the specific Directive dedicated to this issue, still at the drafting stage; - The objectives relating to protected areas within the meaning of the WFD: comply with prevailing European standards in these areas. The Programme of Measures thus renders the SDAGE (Management Plan) operational. The two documents are therefore indissociable. Furthermore, these two documents arise directly from the Status Report and provide answers to the important questions which it has brought to light Structure of the SDAGE (Management Plan) and correspondence with Annex VII to the WFD The SDAGE comprises 3 chapters, 2 annexes and 10 accompanying documents (See SDAGE, preamble, for details on these items). As the management plan required by the WFD, it contains all of the elements stipulated in Annex VII to the latter. 5

7 Figure 1a: Points required by Annex VII to the WFD river basin management plan A1. General description of the characteristics of the river basin district required under Article 5 and Annex II A2. Summary of significant pressures and impact of human activity on the status of surface water and groundwater A3. Identification and mapping of protected areas as required by Article 6 and Annex IV A4. Map of the monitoring networks established for the purposes of Article 8 and Annex V A5. List of the environmental objectives established under Article 4 for surface waters, groundwaters and protected areas, including in particular identification of instances where use has been made of Article 4,(4), (5,) (6) and (7), and the associated information required under that Article A6. Summary of the economic analysis of water use as required by Article 5 and Annex III A7. Summary of the Programme or Programmes of Measures adopted under Article 11, including the ways in which the objectives established under Article 4 are thereby to be achieved A8. Register of any more detailed programmes and management plans for the river basin district dealing with particular subbasins, sectors, issues or water types, together with a summary of their contents Reference in the SDAGE Accompanying document No 1: Concise presentation of water management in the Rhine / Meuse and Sambre basin Cartographical annex Accompanying document No 1: Concise presentation of water management in the Rhine / Meuse and Sambre basin Accompanying document No 1: Concise presentation of water management in the Rhine / Meuse and Sambre basin Accompanying document No 4: Summary of the Monitoring Programme for the Rhine / Meuse and Sambre basin SDAGE, Chapter 2 A10. List of competent authorities SDAGE, Chapter 1 A.11. Contact points and procedures for obtaining the background documentation and the information referred to in Article 14, paragraph 1. Accompanying document No 2: Provisions made on water pricing and cost recovery in order to contribute to the attainment of SDAGE objectives in the Rhine and Meuse and Sambre basins Accompanying document No 3: Summary of the Programme of Measures for the Rhine / Meuse and Sambre basin Accompanying document No 1: Concise presentation of water management in the Rhine / Meuse and Sambre basin, mapping of the SAGE underway SDAGE, Chapter 1 Chapter 3 of the SDAGE, in addition to the elements required by the Management Plan, also contains the fundamental guidelines, which constitute the major focus of water policy, as far as each basin is concerned, and the associated provisions, which specify the operational terms for their implementation. These elements lay down the administrative framework requirement at local level to set up balanced management of water resources. The fundamental guidelines and provisions arising from issues related to the WFD are an integral part of the Programme of Measures and are reiterated in Chapter 3, paragraph of that document. The other fundamental guidelines and provisions constitute elements specific to France, which are included 6

8 in the SDAGE but are not part of the Management Plan or the Programme of Measures Structure of the Programme of Measures and correspondence with Annex VI to the WFD The Programme of Measures is presented in detail in Chapter 1 of that document, which specifies: - The purpose of the Programme of Measures and its connection with the SDAGE; - The contents and general organisation of the Programme of Measures; - The procedure used to draw up the Programme of Measures; - Inclusion of the Programme of Measures in the programming of administrative services. The Programme of Measures contains: - National measures, which constitute the basic measures within the meaning of Article 11.3 of the WFD; - Local measures, which correspond both: o To the implementation of the basic measures at basin level, bearing local contexts in mind; o And the supplementary measures (within the meaning of Article 11.4 and Annex VI of the WFD, Part B). The latter include the supplementary administrative instrument type measures, which are mentioned in Chapter 3.2 of the Programme of Measures and detailed in Chapter 3 of the SDAGE. The other local measures are called key actions. These are actions which, in addition to the national measures and the local administrative instrument type measures, are a priori necessary and sufficient to achieve all of the environmental objectives laid out in the WFD, including exemptions. The Programme of Measures does not therefore contain all of the actions to be conducted in the field of water, but only those used to achieve the environmental objectives of the WFD. Among the actions helping to achieve the environmental objectives of the WFD, the Programme of Measures only mentions those which are truly significant and necessary to achieve these objectives. To establish the level of ambition of the SDAGE (Management Plan) and the Programme of Measures, the actions have been costed. This is based on the identification of individual actions which are not pertinent when undertaken individually, but which provide a pertinent estimate of the overall costs. These individual actions must therefore in no event be considered as the components of an operational action plan. Such an action plan will have to be drawn up by 2012, in close collaboration with the clients concerned. The Programme of Measures contains all of the elements stipulated in point 7 of Annex VII to the latter. 7

9 Figure 1b: Points required by Annex VII to the WFD river basin management plan 7.1. Measures required to implement Community legislation for the protection of water 7.2. Report on the practical steps and measures taken to apply the principle of recovery of the costs of water use 7.3. Protective measures for the abstraction of the current or future drinking water supply 7.4. Summary of the controls on abstraction and impoundment of water, including reference to the registers and identifications of the cases where exemptions have been made under Article 11 (3)(e) 7.5 Summary of the controls adopted for point source discharges and other activities with an impact on the status of water in accordance with the provisions of Article 11 (3)(g) and 11(3)(i) 7.6 Identification of the cases where direct discharges to groundwater have been authorised in accordance with the provisions of Article 11 (3)(j) Reference in the SDAGE Programme of Measures, Annex 1, summary of national measures Accompanying document No 2: Provisions made on water pricing and cost recovery in order to contribute to the attainment of SDAGE objectives in the Rhine and Meuse and Sambre basins Programme of Measures, Annex 1, summary of national measures Programme of Measures, Chapter 3, key actions T2-M14 and T2-M15 Programme of Measures, Chapter 3, administrative instrument type measures corresponding to the following fundamental guidelines and provisions of the SDAGE: T1- O1, T2-O6, all of theme 3, and particularly T3-O3 and T3-O7 Programme of Measures, Annex 1, summary of national measures Programme of Measures, Annex 1, summary of national measures Programme of Measures, Annex 1, summary of national measures 7.7. Summary of the measures taken on priority substances Programme of Measures, Chapter 3, key actions Industry and small businesses : T2- M4 to T2-M12; and agriculture measures: T2-M15 Programme of Measures, Annex 1, summary of national measures Programme of Measures, Chapter 3, administrative instrument type measures corresponding to the following fundamental guidelines and provisions of the SDAGE: T2- O1.1., T2-O1.2, T2-O2, T2-O3-2.1, T2-O4, T2-O5, T2-O6 and the associated provisions Summary of the measures taken to prevent or reduce the impact of accidental pollution incidents Programme of Measures, Chapter 3, key actions Sanitation : T2-M2 Industry and small businesses : T2-M4 Programme of Measures, Annex 1, summary of national measures Programme of Measures, Chapter 3, administrative instrument type measures corresponding to the following fundamental guidelines and provisions of the SDAGE T2- O1.2 and T2-O.4.2 and the associated provisions. 8

10 7.9. Summary of the measures taken under Article 11 (5) for water bodies which are unlikely to achieve the objectives set out under Article Details of the supplementary measures identified as necessary in order to meet the environmental objectives established Details of the measures taken to avoid increase in pollution of marine waters in accordance with Article 11 (6) Supplementary measures in the event of delays or difficulties observed half way (Art. 21 Decree of 16 May 2005): this part can only be fleshed out therefore after the half way progress report. Programme of Measures, Chapter 3, all key actions: T3-M1 to T3-M6 and T2-M1 to T2-M15 Programme of Measures, Chapter 3, all administrative instrument type measures N/A in the basin 1.4. Title of the measures The 6 themes developed by the administrative instrument type measures, which are described in detail in Chapter 3 of the SDAGE, are: Theme 1 Water and health Theme 2 Water and pollution Theme 3 Water, nature and biodiversity Theme 4 Water and scarcity Theme 5 Water and territorial planning Theme 6 Water and governance Only the themes water, nature and biodiversity and water and pollution need to be listed under key actions. For the other themes, it has not been considered necessary to go beyond the national measures and the fundamental guidelines and associated provisions to achieve the environmental objectives pertaining to them. We refer to as pressures those activities or practices which are likely to have a negative impact on aquatic environments and which are likely to influence the attainment of the environmental objectives. The principal types of pressure identified for the Rhine basin are: - 1. Pollutant substances discharged in waste domestic water, which is the responsibility of the local communities (point pollutions); - 2. Pollutant substances discharged by industries or other companies, including small businesses (point pollutions); - 3. Pollutant substances related to agricultural activities (point or diffuse pollutions); - 4. Alteration of the morphology of rivers, which corresponds to all physical modifications to the banks or to the bed of a river likely to modify the way it functions. The key actions are therefore broken down into 4 headings, corresponding to these pressures, entitled: - 1. Sanitation; - 2. Industry and small businesses; - 3. Agriculture; - 4. Hydromorphology. The headings local communities, industry and small businesses and agriculture come under the theme water and pollution, and the heading hydromorphology comes under the theme water, nature and biodiversity in the SDAGE. 9

11 The hydromorphology measures are intended to: - Assist in the non-deterioration of surface water bodies; - Improve the ecological status of surface water bodies; - Implement the objectives relating to protected areas like Natura The sanitation measures are intended principally to improve the ecological status of surface water bodies. In the Programme of Measures, this means going further than the measures corresponding to the implementation of the basic measures when this is required to achieve good status. On this basis, the key actions proposed are described in detail below. They only affect local communities whose domestic discharges impact water bodies which have not achieved good status by The industry and small businesses measures are intended principally to: - Improve the ecological status (measures M4 to M8) and chemical status (measures M4 to M9) of surface water bodies, and the chemical status of groundwater bodies (measures M8, M10 and M11); - Reduce or eradicate priority or hazardous substances (measures M4 to M11). They aim to reduce the pollution discharged by industrial establishments and other companies, including in particular service companies and the activities of small businesses. On this basis, they only concern establishments which impact water bodies which have not achieved good status by The agriculture measures are intended to: - Improve the chemical status of groundwater bodies (measures M13, M15); - Improve the ecological and chemical status of surface water (measures M12, M13). 10

12 Figure 1 c: Fundamental guideline Hydromorphology Code of the measure Title of the measure T3-O3; T3-O5 T3-M1 Improved ecological continuity in rivers T3-O3; T3-O4; T3-O5 T3-M2 Restoration of rivers T3-O3; T3-O4 T3-M3 Reintroduction of nature to rivers T3-O2; T3-O3; T3-O4 T3-O2; T3-O4; T3-O7 T3-M4 T3-M5 Regular maintenance of rivers Management of lakes T3-O7 T3-M6 Acquisition of wetlands Sanitation T2-O1 T2-M1 Optimisation of the wastewater treatment plant (treatment) T2-O1; T2-O3 T2-M2 Optimisation of wastewater networks (networks) T2-O1; T2-O3 T2-M3 Industry and small businesses Introduction of a suitable network, to be defined (shared or non-shared) T2-O1 T2-M4 Reinforced prevention of accidental spill T2-O1; T2-O2; T2-O3 T2-M5 Clean technology T2-O1; T2-O2 T2-M6 Improved collection and treatment of industrial discharges T2-O1; T2-O2 T2-M7 Management and treatment, if necessary, of contaminated industrial sites T2-O1; T2-O2 T2-M8 Control of rain pollution of industrial origin T2-O2; T2-O3 T2-M9 Reduction of emissions of toxic substances by small businesses (general mechanics, silk-screen printing, automobile mechanics, surface treatment) T2-O1 T2-M10 Reduction of pollution from chlorides T2-O2 T2-M11 Reduction of emissions of chloride solvents T2 T2-M12 Studies, awareness and education Agriculture T2-O1; T2-O4 T2-M13 Upgrading of farm buildings T2-O4 T2-M14 Securing premises likely to contain liquid nitrogen fertilizers T2-O4; T2-O6 T2-M15 Reduction of diffuse pollution from agricultural practices (nitrates and pesticides) 11

13 1.5. How do the SDAGE and the Programme of Measures deal with the important questions arising from the Status Report? The fundamental guidelines and provisions arising from the WFD, i.e. those which appear in Chapter 3 of the SDAGE which are taken up in paragraph of the Programme of Measures, and the key actions described in paragraph of the Programme of Measures form the basis of the important questions in the Status Report. Figure 1d: Important question in the Status Report 1. Standard pollution: no break for purification 2. Diffuse pollution: change our practices 3. Ecological balance: must be reestablished at all costs 4. New pollutants: a challenge for our health 5. Sewage sludge: achieve zero error 6. Water, a finite resource: a balance between usages is needed 7. Artificial resources post-mining: requires sustainable restoration 8. Water without borders: to achieve true shared management with our neighbours 9. Heritage of our facilities: to be managed over time 10. Funding of water policy: rebalancing is necessary 11. Water and territory: give water and the environment their rightful place and bring them closer to citizens and decision-makers 12. Information and awareness: a means of involving citizens and young people in water planning policy Taken on board by the SDAGE and the Programme of Measures (PDM) SDAGE, Theme 2 PDM, key actions T2-M1, T2-M2, T2- M3, T2-M13, T2-M14 SDAGE, Theme 5 SDAGE, Theme 2 PDM, key action T2-M15 SDAGE, Theme 5 SDAGE, Theme 3 SDAGE, Theme 3 PDM, key actions T3-M1 to T3-M6 SDAGE, Theme 5 SDAGE, Theme 1 SDAGE, Theme 2 PDM, key actions T2-M4 to T2-M12, T2-M15 SDAGE, Theme 2 SDAGE, Theme 4 SDAGE, Theme 5 SDAGE, Theme 1 These issues are covered by the SAGE SDAGE, Theme 6 SDAGE, Theme 6 SDAGE, Theme 6 SDAGE, Theme 5 SDAGE, Theme 6 SDAGE, Theme 6 These twelve important questions take up the stakes identified in terms of the international basin. 12

14 The following tables provide a more accurate presentation of the way in which the SDAGE and Programme of Measures projects have incorporated the international stakes. Figure 1e: Stakes common to the entire international basin International Rhine basin International stakes 1. Re-establish biological continuity; increase habitat diversity 2. Reduce diffuse discharges altering surface water and groundwater (nutrients, pesticides, metals, hazardous substances from historical and other pollution) 3. Continue the reduction of traditional pressures due to point industrial and community discharges 4. Reconcile water use (navigation, energy production, flood protection, usages which have a significant impact on surface and other management) with the environmental objectives of the WFD 5. Information and public involvement will play an important role in the analysis of these management questions Taken on board by the SDAGE and the Programme of Measures (PDM) SDAGE, Theme 3 PDM, key actions T3- M1 to T3-M6 SDAGE, Theme 5B SDAGE, Theme 2 PDM, key action T2- M15 SDAGE, Theme 3 SDAGE, Theme 5 SDAGE, Theme 2 PDM, key actions T2- M1 to T2-M12 SDAGE, Theme 5A, B and C SDAGE, Theme 6 SDAGE, Theme 6 Figure 1f: Stakes more specific to each of the two work sectors, Upper Rhine and Moselle-Sarre Taken on board by the SDAGE and the International stakes Programme of Measures (PDM) Upper Rhine sector 1. Reconcile future development of use of water from the Rhine and territorial development policies in line with the environmental objectives of the WFD, in particular regarding navigation, energy production and flood protection 2. Re-establish ecological balance by restoring and conserving Rhineland ecosystems 3. Improve the physical and chemical quality of rivers by continuing, in particular, the efforts made regarding the purification of traditional pollutions and reducing diffuse pollutions 4. Absorb the consequences of former mining operations, particularly for chloride pollution in the southern part of the Upper Rhine SDAGE, Theme 5A, 5B and 5C SDAGE, Theme 6 SDAGE, Theme 3 PDM, key actions T3- M11 to T3-M6 SDAGE, Theme 5B SDAGE, Theme 2 PDM, key action T2-M1 to T2-M15 SDAGE, Theme 2 PDM, key action T2- M10 SDAGE, Theme 4 13

15 Moselle Sarre Sector 5. Eradicate diffuse pollutions from the groundwater in the Upper Rhine trench, particularly for nitrate and pesticide pollution 6. Develop the monitoring of pollutions present in the Rhine, particularly new, still little known forms (e.g. medicinal products, endocrine disruptors, or other chemical substances) 1. Traditional pollutions, particularly nutrients (nitrogen and phosphorous) and diffuse discharges have an impact on surface waters 2. Continuity is not guaranteed on the Moselle and the Sarre, which disrupts fish migration 3. The uses of water from the Moselle and the Sarre and territorial development policies are not always in line with the environmental objectives of the WFD, particularly regarding navigation, energy production and flood protection 4. Diffuse discharges damage groundwaters (pesticides, nitrates, historical pollutions and metals) 5. The balance of aquatic environments is disrupted by mining operations (coal and iron basins) 6. Pollution by hazardous substances is still too high in certain parts of the catchment basin SDAGE, Theme 2 PDM, key action T2- M15 SDAGE, Theme 3 SDAGE, Theme 5B SDAGE, Theme 1 SDAGE, Theme 2 SDAGE, Theme 6 SDAGE, Theme 2 PDM, key actions T2- M1 to T2-M3 and T2- M13, T2-M14 SDAGE, Theme 3 PDM, key action T3-M1 SDAGE, Theme 2 SDAGE, Theme 5A, 5B, 5C SDAGE, Theme 6 SDAGE, Theme 2 PDM, key action T2- M7, T2-M15 SDAGE, Theme 5A SDAGE, Theme 4 SDAGE, Theme 5B SDAGE, Theme 1 SDAGE, Theme 2 SDAGE, Theme 6 14

16 2. Concise presentation of the principal causes of deterioration to water bodies and environmental objectives 2.1. Groundwater bodies Summary of the current status of groundwater bodies and the principal causes of deterioration The good status of groundwater bodies is achieved when they have both good chemical and quantitative status. Chemical status of groundwater bodies In the Rhine basin, pesticides and nitrates are the principal substances standing in the way of achieving the good chemical status of groundwater. Certain specific sectors in the basin are affected by pollution by chlorides (alluvia from the Moselle, Alsace groundwater) or sulphates (iron basin). The current status of the groundwater bodies has been estimated on the basis of the framework elements provided by Directive 2006/118/EC of 12 December 2006 ( daughter Directive ) on the protection of groundwater and by WFD Circular 2006/18 on the definition of "good status" for groundwater. Assessment of the current status of water bodies is based on the analysis results available, i.e. those collected from the basin networks in place since 1999, regional inventories, nitrates Directive networks and data from the departmental Directorates of Health and Social Affairs (DDASS) on crude and distributed water. On these bases, 9 water bodies out of a total of 15 in the Rhine basin are not currently in good chemical status (their status is referred to as mediocre in the WFD framework). We observe significant deterioration by pesticides (8 water bodies of mediocre status for this group of parameters). Nitrates represent the second cause of deterioration (4 water bodies of poor status and 5 water bodies in which we observe upward trends). In effect, a rise in nitrate content was noted over the period This is partly explained by the mild autumns fostering mineralisation, but deeper studies should be conducted in order to identify the respective weighting of the climate and practices parameters. 1 Groundwater bodies may underlie several basins. They are nonetheless attached to only one of them, the one which they predominantly overlap. The figures on groundwater in the Rhine Programme of Measures only incorporate the water bodies which are officially attached to it. For the other water bodies underlying the Meuse basin: No 2013 Oxfordian Limestone and No 2018 lower Lias Sandstone at Hettange Luxembourg, we should refer to the Meuse Programme of Measures. 15

17 The measures proposed for this diffuse pollution are based on guideline T2 - O4 in the SDAGE, which aims to reduce pollution by nitrates and pesticides. Furthermore, the areas in which an upward trend regarding nitrates has been observed correspond to the vulnerable areas identified in the context of the nitrates Directive. The reversal of this trend will therefore need to be included in the action programmes implemented under this Directive. Guideline T2 - O4.3 and provision T2 - O4.3 - D1 in the SDAGE refer to these programmes. Pollution by chlorides and sulphates is also a significant cause of deterioration. Diffuse pollution by chlorinated solvents has also been discovered in the Alsace groundwater body (2001) by regional inventories on groundwater quality. This pollution remains at a very low content level in the order of 10% of the standard. It does not bring about declassification of the water body. Details on the causes of deterioration of water bodies are given in figure 2. Figure 2: Table showing the causes of deterioration of groundwater bodies (in numbers of water bodies) Causes of deterioration Nitrates Pesticides Sulphate Chlorides All causes combined s Quantitative status of groundwater bodies The quantitative status is defined as the balance between the water samples taken from a groundwater body and its natural capacity to recharge itself. No water bodies overall are of poor quantitative status in the Rhine basin, even though local problems exist to the right of the water distribution area (WDA) on water body No 2005 of the captive, non-mineralised Vosges Sandstone, also called the lower Trias sandstone groundwater. The resolution of these problems is covered by guideline T1 - O1 and the special provisions T1 - O1.2 - D3 to D4 in version 2 of the SDAGE. Overall status of groundwater bodies Details on the current status of water bodies are given in figure 3. 16

18 Figure 3: Table showing the current status of groundwater bodies (in numbers of water bodies) Good Mediocre status status Quantitative 15 0 status Chemical 6 9 status Overall status Summary of the status objectives assigned to groundwater bodies The hypotheses used Regarding the less stringent objectives, only the natural conditions have been invoked and this for a single water body (No 2026, Mining Reservoir Lorraine Iron Basin). Apart from this case, the only kind of exemption invoked consists in a postponement of the deadlines. The measures intended to reduce diffuse pollution from agriculture (measure T2-M15 described in Chapter 3) are the only ones to be used in setting the postponement of the deadlines to the good status objective 2015 for groundwater bodies. To set this postponement of the deadlines, the following rules have been adopted: Setting deadlines related to technical feasibility None of the measures intended to improve groundwater status justifies postponement of the deadlines to the good status objective 2015 related to technical feasibility. Setting deadlines related to natural conditions Whenever measures are put in place on the surface to limit pollution to groundwater (reduction of nitrate and pesticide discharges), it occasionally takes a number of years before they affect the groundwater. This environmental response time varies, for example, depending on the depth of the groundwater and the nature of the geological layers traversed before reaching it. This factor has led to the attainment of good status 2027 being postponed for certain groundwater bodies. Setting deadlines related to disproportionate costs The same rules as for surface water have been applied (see paragraph ). The results obtained - The Lorraine Iron Basin water body (No 2026) has been granted a less stringent objective on good status for the sulphates parameter (mediocre status in 2015 for this parameter), as the times to reclaim contaminated aquifers after flooding will extend beyond 2027 (see figure 4). This water body is located in the work sector, Moselle- Sarre. 17

19 - For the Rhine basin, 7 groundwater bodies out of 15 are subject to a deadline postponement until For each of them, the natural conditions and disproportionate costs are accumulating. Figure 4 gives details of the objectives. Figure 4: Table showing the status objectives for groundwater bodies (in numbers of water bodies) Good status Good status Less stringent objective Summary of the objectives on upward trend reversal Five water bodies have been given the objective to reverse trends upwards in the Rhine basin Surface water bodies Summary of the current status of surface water bodies and the principal causes of deterioration Good status of surface water is achieved when they have both good ecological and chemical status. For artificial or significantly modified water bodies, good ecological status is replaced by good ecological potential, which corresponds to the best ecological status possible, given the usages that we wish to maintain in them. The parameters taken into account in the ecological status are organic, nitrogenous and phosphorous matter and biology (animal and plant populations). In the absence of information on the latter, hydromorphology is considered an indicator of biology. Eventually, certain chemical substances which may turn out to be pertinent could be added. The parameters taken into account in chemical status are the 33 substances considered priority defined by the WFD to which are added 8 substances covered in previous Directives. For the Rhine, the problematic parameters in terms of achieving good chemical status for surface water are certain pesticides and certain heavy metals. * Lakes In view of the data available, no lakes are considered as not currently being of good status. Vocabulary used The word lakes corresponds to the official term laid down by the WFD and includes artificial or shallow stretches of water. 2 Decision No 2455/2001/EC of the European Parliament and of the Council of 20 November 2001 establishing a list of priority substances in the field of water policy and amending Directive 2000/60/EC. 18

20 * Rivers In the Rhine basin, the status of river water bodies (469 water bodies) is little affected by the chemical status parameters. As knowledge on the environment currently stands, only 4% of water bodies do not meet the provisional threshold values which currently define good chemical status. The deteriorated status of water bodies is therefore due mainly to factors which determine the ecological status: organic matter, biology and hydromorphology. Thus, 57% of surface water bodies in the Rhine basin are not currently of good ecological status. Details of the current chemical and ecological status of river water bodies for the Rhine basin and for the work sectors are given below (figures 5, 6, 7, 8, 9 and 10). Figure 5: Graph of the current chemical status of rivers (as a percentage and in numbers of water bodies (WB)) Rhine Basin Not good: 4% (18 WB) Good: 96% (451 WB) 19

21 Figure 6: Graph of the current chemical status of rivers (as a percentage and in numbers of water bodies (WB)) Moselle-Sarre Work Sector Not good : 5% (14WB) Good : 95% (248WB) Figure 7: Graph of the current chemical status of rivers (as a percentage and in numbers of water bodies (WB)) Upper Rhine Work Sector Not good : 2% (4WB) Good : 98% (203 WB) 20

22 Figure 8: Graph of the current ecological status of rivers (as a percentage and in numbers of water bodies (WB)) Rhine Basin Very good : 1% (7 WB) Good : 41% (193 WB) Not good : 57% (269 WB) Figure 9: Graph of the current ecological status of rivers (as a percentage and in numbers of water bodies (WB)) Moselle-Sarre Work Sector Very good : 1% (3 WB) Good : 37% (98 WB) Not good : 61% (161 WB) 21

23 Figure 10: Graph of the current ecological status of rivers (as a percentage and in numbers of water bodies (WB)) Upper Rhine Work Sector Very good : 2% (4 WB) Not good : 52% (108 WB) Good : 46% (95 WB) Summary of the status objectives assigned to surface water bodies * Lakes For natural lake water bodies, there is no current referential defining good ecological status. As things stand, only an expert assessment, possibly based on the few data available, can be made. At the present time, it does not justify the postponement of objectives. A good status objective in 2015 is therefore proposed at this stage. For artificial or considerably modified water bodies, the good ecological potential objective is not defined a priori. The pragmatic approach to setting environmental objectives in these environments will rely on the measures which can be implemented, given the associated human activities. As things stand, there is no reason to justify a postponement of the objective. An objective of good ecological potential and good chemical status in 2015 is therefore proposed at this stage. * Rivers The hypotheses used All measures identified in the Rhine basin and detailed in Chapter 3 have an impact on river status and have been taken into account in setting their status objectives. No less stringent objectives are justified for the surface waters in the Rhine basin. All water bodies must therefore achieve good status. The only reason for exemption invoked consists in a postponement of the deadlines. The good status objective can therefore be achieved in 2015, 2021 or

24 To determine whether a water body can achieve good status in 2015, 2021 or 2027, for each of the key actions in the Programme of Measures impacting the status of surface waters, the deadlines related to its technical feasibility, the natural conditions or its cost have been taken into account as follows: Setting deadlines related to technical feasibility For all types of measures, a deadline postponement until 2027 regarding "technical feasibility" has been requested in cases in which none of the measures known at the present time made it possible to achieve good status. This is the case, for example, when pollution from upstream is such that it renders the attainment of good status impossible, regardless of the technical solutions envisaged. In this case, it has not been decided to set a less stringent objective as we cannot exclude the possibility of new technological solutions being identified and implemented between now and This case of "technical impossibility" aside, the only measures justifying a deadline postponement on grounds of "technical feasibility" are the measures intended to improve the hydromorphology. Indeed, the preparatory phase for the work may be quite lengthy, as it includes the appointment of a client and preliminary studies to come to an optimum definition of actions. It has therefore been considered that certain actions would begin only in For the other types of measures ("sanitation", "industry and small businesses", "agriculture"), the clients are known and the definition of actions easier. It has therefore been considered that they were technically feasible between now and Setting deadlines related to natural conditions For surface water, the only measures supporting a deadline postponement related to the natural conditions are "hydromorphology" measures. Indeed, we must consider the time required for plants to grow, for the hydrodynamic balance to be reestablished, etc. Setting deadlines related to disproportionate costs To determine whether the costs were disproportionate, economic indicators have been defined type of measure by type of measure (see figure 1). If these indicators exceed certain thresholds, which have been discussed with those involved, the costs are considered disproportionate. The good status objective is then postponed until This does not mean that no action will be taken between now and 2015, but that only those actions should be initiated between now and 2015 which correspond to an acceptable cost. These actions have therefore been calculated in the cost of the first Programme of Measures (period ). In addition, it has been considered that certain measures alone, even though their cost was disproportionate, could not justify a deadline postponement regarding the good status objective. These are measures the cost of which includes a significant number of actions which do not concern themselves solely with the good status of the water. This is the case of the measures intended to limit toxic substances as they are intended, over and above good status, to reduce or even eradicate the emission of certain substances. Likewise, the measures intended to upgrade farm buildings are the response to statutory obligations. Good status can be achieved more quickly by targeting the most effective measures in relation to this objective. 23

25 Setting the overall deadline Further to the analysis of these three reasons, a maximum deadline for achieving the good status objective has been included for each water body, type of measure by type of measure. To define the deadline for attainment of good status of the water body, a threshold value of more than 20% of the total cost has been considered as having the greatest impact for a category of measures. Here is a concrete example of this approach: Let's consider that, for water body X, the deadline required to eliminate the causes of deterioration treated by the "hydromorphology" measures is 2021, the deadline required for the "sanitation" measures 2027, the deadline required for the "industry and small businesses" measures 2015, and the deadline required for the "agriculture" measures 2015: - If the sanitation measures represent more than 20% of the cost of all of the measures, the objective set is "good status 2027"; - If the "sanitation" measures alone represent less than 20% of the total cost but the combined cost of the "hydromorphology" and "sanitation" measures represents more than 20%, the objective set is "good status 2021"; - If the combined cost of all of the measures requiring deadlines after 2015("sanitation" + "hydromorphology") is less than 20%, the objective set is "good status 2015". The results obtained In the Rhine basin, the measures implemented will make it possible to achieve good status for 59% of water bodies in 2015, for 19% in 2021 and for 21% in 2027 (see figures 11, 12 and 13). Figure 11: Graph showing the overall status objectives for "river" water bodies (as a percentage and in numbers of water bodies (WB)) Rhine Basin "Good status" or "good potential" % (100 WB) "Very good status" % (7 WB) "Good status" or "good potential" % (90 WB) "Good status" or "good potential" % (272 WB) 24

26 Figure 12: Graph showing the overall status objectives for "river" water bodies (as a percentage and in numbers of water bodies (WB)) Moselle-Sarre Work Sector "Good status" or "good potential" % (67 WB) "Very good status" % (3 WB) "Good status" or "good potential" % (129 WB) "Good status" or "good potential" % (63 WB) Figure 13: Graph showing the overall status objectives for "river" water bodies (as a percentage and in numbers of water bodies (WB)) Upper Rhine Work Sector "Good status" or "good potential" % (33 WB) "Very good status" % (4 WB) "Good status" or "good potential" % (27 WB) "Good status" or "good potential" % (143 WB) 25

27 Deadline postponements concern ecological status in the main. The measures justifying a deadline postponement relation to insufficient ecological status are, in order of importance, the "sanitation" measures, the "hydromorphology" measures and, finally, of equal importance, come the "industry and small businesses" and "agriculture" measures (see figures 14, 15 and 16). Figure 14: Graph showing the type of measures justifying a deadline postponement for the overall good status of rivers (as a percentage of the number of water bodies affected by a deadline postponement) Rhine Basin Hydromorphology Sanitation Industry (chemical status) Industry (ecological status) Agriculture (chemical status) Agriculture (ecological status) Figure 15: Graph showing the type of measures justifying a deadline postponement for the overall good status of rivers (as a percentage of the number of water bodies affected by a deadline postponement) Moselle-Sarre Work Sector Hydromor- Sanitation French Industry part April 2008 Industry Agriculture phology (chemical 26 (ecological (chemical status) status) status) Agriculture (ecological status)

28 Figure 16: Graph showing the type of measures justifying a deadline postponement for the overall good status of rivers (as a percentage of the number of water bodies affected by a deadline postponement) Upper Rhine Work Sector Hydromorphology Sanitation Industry (chemical status) Industry (ecological status) Agriculture (chemical status) Agriculture (ecological status) Overall, regardless of the type of measures, the principal reasons invoked are technical feasibility and disproportionate cost (see figures 17, 18 and 19). Figure 17: Graph showing the reasons for postponing deadlines for the overall good status of rivers (as a percentage of the number of water bodies affected by a deadline postponement) Rhine Basin Technical feasibility Natural conditions Disproportionate costs 27

29 Figure 18: Graph showing the reasons for postponing deadlines for the overall good status of rivers (as a percentage of the number of water bodies affected by a deadline postponement) Moselle-Sarre Work Sector Technical feasibility Natural conditions Disproportionate costs Figure 19: Graph showing the reasons for postponing deadlines for the overall good status of rivers (as a percentage of the number of water bodies affected by a deadline postponement) Upper Rhine Work Sector Technical feasibility Natural conditions Disproportionate costs It is important to underline that staggering the objectives in no way means that the combined actions must be deferred. To achieve good status in 2021 or 2027, it is essential that measures and the necessary funding be put in place immediately. 28

30 2.2.3 Summary of the objectives on reduction of substances Among the 189 substances likely to present a risk for or via the aquatic environment, 63 have a set objective for emission reduction. This concerns 41 substances or families of substances referred to directly or indirectly in the WFD (i.e. 51 substances in total) and 12 other substances posing local problems. These last 12 correspond to substances referred to in the "National Programme of Action against the Pollution of Aquatic Environments by Certain Hazardous Substances", detected in the water, sediments or pollutant emissions (e.g.: at the outlet of a purification station) in the French part of the Rhine basin and for which the current concentrations in the environment are higher that the Environmental Quality Standards (EQS). It will eventually be necessary to add to this substances which pose a problem in the areas of the basin located downstream, which are currently the subject of discussions at international level. For the other substances, monitoring and knowledge improvement measures are planned. Figure 20: Summary of the objectives to reduce substances in surface water (in number of substances) Deadline Reduction objective Total 60% % % % Total The 14 substances given an objective of 50% of their emissions between now and 2015 are shown in figure 21. Figure 21: List of substances given an objective of 50% Substance Benzo(a)pyrene Benzo(b)fluoranthene Benzo(k)fluoranthene Benzo(g,h,i)perylene Indeno(1,2,3-cd)pyrene Anthracene Mercury and compounds Cadmium and compounds Hexachlorobenzene Tetrachloroethylene Trichloroethylene Pentabromodiphenylether Nonylphenols 4 -para-nonylphenol Family PAH PAH PAH PAH PAH PAH Metals Metals 29

31 3. Concise presentation of the cost of the measures The following graphs (figures 22, 23 and 24) present the investment cost of the various types of measure. Shown in grey are the total provisional costs necessary to achieve the environmental objectives, spread over the period Shown in white are the part of these costs which will have to be borne during the first Programme of Measures (PDM), i.e. during the period 1 January 2010 to 31 December These costs take into account the economic acceptability of the cost of the measures, estimated on the basis of the economic indicators chosen by the River Basin Committee and include only those measures which are totally or partially feasible from a technical point of view between now and Figure 22: Graph showing the cost of the measures (in million euro) Rhine Basin Total cost Cost in million euro Cost 1 st PDM ( ) Sanitation Industry Agriculture diffuse pollution Agriculture other Hydromorphology 30

32 Figure 23: Graph showing the cost of the measures (in million euro) Moselle-Sarre Work Sector Cost in million euro Total cost Cost 1 st PDM ( ) Sanitation Industry Agriculture diffuse pollution Agriculture other Hydromorphology Figure 24: Graph showing the cost of the measures (in million euro) Upper Rhine Work Sector Total cost Cost in million euro Cost 1 st PDM ( ) Sanitation Industry Agriculture diffuse Agriculture other Hydromorphology pollution 31

33 The total investment cost of the first Programme of Measures for the Rhine (period ) is 1530 million euro, which represents 69 per annum per inhabitant. The estimate of the total investment cost necessary to achieve the environmental objectives spread over the period is 3523 million euro, which represents 43 per annum per inhabitant (see figure 25). Figure 25: Total investment cost and annual cost per inhabitant Rhine Basin Total investment cost (in million euro) Annual cost per inhabitant of the Rhine basin* (in euro) Period Period * 3,704,683 inhabitants Figures 26 and 27 stipulate the share in the costs devolving on each work sector. Figure 26: Total investment cost and annual cost per inhabitant Moselle-Sarre Work Sector Period Period Total investment cost (in million euro) Annual cost per inhabitant of the Moselle-Sarre sector* (in euro) * 1,980,975 inhabitants Figure 27: Total investment cost and annual cost per inhabitant Upper Rhine Work Sector Period Period Total investment cost (in million euro) Annual cost per inhabitant of the Upper Rhine sector* (in euro) * 1,723,708 inhabitants 32

34 4. Measures 4.1 National measures Details of these measures are given in Annex 1 to the Programme of Measures. This Annex contains a table presented in three columns: - The first column contains the full list of "basic measures" as defined in Article 11-3 of the WFD. - The second column identifies the French legislative and statutory references corresponding to each basic measure, mentioning the original text and, where it exists, the codified version of the text. Internet addresses to access the texts are provided. - The third column presents the substrate of the French provisions identified in the second column in order to enable readers to obtain an overview of the principal legal mechanisms implemented to guarantee the effectiveness of the basic measures of Article Regarding attainment of the objective of non-deterioration of water bodies, the basic measures taken are on the one hand Article L of the Environmental Code (point IV) establishing the principle of compatibility of government decisions in the field of water to the provisions of the SDAGE and, on the other hand, the incorporation in the SDAGE of the water quality and quantity objectives. For the national measures, it has not seemed necessary to go further than these structural measures to achieve the objective of non-deterioration, as the Monitoring Programme combined with follow-up on pressures will make it possible to check their effectiveness. 4.2 Local measures Local administrative instrument type measures within the meaning of Annex VI to the WFD The fundamental guidelines and provisions of the SDAGE The fundamental guidelines and provisions of the SDAGE, with the exception of those regarding aspects which do not arise from the WFD, such as drinking water supply and the safety of people in the event of flooding, constitute, as administrative instruments, complementary measures to achieve the environmental objectives arising from the WFD and are therefore an integral part of this Programme of Measures. Administrative decisions in the field of water and, for the fundamental guidelines, the Territorial Coherence Scheme (SCOT), the Local Town Planning Plans (PLU) and communal maps, must be compatible with them. Therefore, by relying on existing regulations and without creating new ones, they stipulate the administrative framework and improve it in order that it make it possible to achieve the environmental objectives. 33